Senate Bill 71, the
California Comprehensive Sexual
Health and HIV/AIDS Prevention Education
Act,and five
other reproductive health-related bills were signed into
law by the Governor Davis on October 2, 2003.

The Public Health Institute is proud to have
participated in this historic effort, under the
leadership of the Planned Parenthood Affiliates of
California, the American Civil Liberties Union, and
Senator Sheila Kuehl's office, and together with the
collaborative efforts of the uncountable groups and
individuals who signed on, held forums, wrote letters,
made phone calls, and otherwise fueled the momentum for
this accomplishment.

California Gov. Gray Davis (D) on Thursday signed into
law a package of six reproductive health-related bills,
including a bill that would streamline the state's sex
education curriculum, the Los Angeles Times reports
(Halper, Los Angeles Times, 10/3).

The sex education law (SB 71) ensures that students
who receive sex education in schools receive accurate
information on abstinence, human sexuality,
contraception, pregnancy and sexually transmitted
diseases in an age-appropriate manner (Kaiser Daily
Reproductive Health Report, 8/14). According to Sen.
Sheila Kuehl (D), who sponsored the bill, the law will
require schools that teach sex education or HIV
prevention classes to send notices to parents at the
start of the school year informing them of the dates
students are scheduled to take sex education or HIV/AIDS
prevention classes and if they are scheduled to
participate in sexual behavior surveys. Under the new
law, parents who do not want their children participating
in the classes or surveys can return the notification
form indicating that they wish to exclude their child
from the instruction or survey. However, if the
notification form is not returned, parental consent for
all classes or surveys is assumed (Kaiser Daily
Reproductive Health Report, 9/15).

Other Bills

The legislative package also includes legislation (SB
490) that will allow pharmacists to dispense emergency
contraception under statewide protocol approved by the
Medical Board of California and the Board of Pharmacy;
legislation (SB 545) that limits to $10 the fee a
pharmacist can charge for dispensing EC and requires
pharmacists to obtain at least one hour of training on
EC; legislation (AB 561) that establishes in statute the
Male Involvement Program, the Community Challenge Grant
Program, the TeenSMART Program and the Information and
Education Projects within the Office of Family Planning
at the Department of Health Services; legislation (AB
996) that extends to facilities that provide reproductive
health services, including abortion, an existing
prohibition preventing insurers from canceling or
refusing to renew property insurance policies or charging
excessive premiums for policies because of insurance
claims arising from specified hate crimes; and
legislation (AB 663) that prohibits doctors, surgeons or
medical students from performing a pelvic exam on an
anesthetized woman without her consent (Davis release,
10/2).

According to a survey published in February in the
American Journal of Obstetrics and Gynecology, some
medical students perform pelvic exams on women who are
under anesthesia for other gynecological procedures
without getting permission from the women. Such pelvic
exams are routine for medical students who are performing
other gynecological procedures on the patient (Kaiser
Daily Reproductive Health Report, 2/26). According to the
AP/San Diego Union-Tribune, the law is the first of its
kind in the nation (Oberthur, AP/San Diego Union-Tribune,
10/3).

Reaction

Women's advocacy groups praised Davis for signing the
bills, according to the AP/Union-Tribune. Kathy Kneer,
president and CEO of Planned Parenthood Affiliates of
California, said, "This is a truly historic day." She
added that Davis' move to sign the bills demonstrates his
intention to make California the "most pro-woman state in
the nation," according to the AP/Union-Tribune.

However, Rep. Dave Cox, Assembly Republican leader,
opposed the EC bills, according to spokesperson Peter
DeMarco. According to DeMarco, Cox believes that making
EC more widely available will lead to an increase in
unprotected sex. In addition, although the California
Pharmacists Association supported the bill that would
allow pharmacists to dispense EC, it opposed the cap on
consultation fees, saying that the law could create a
barrier for women trying to access EC. CPA spokesperson
Bill Bradley said that pharmacists may stop dispensing
the pills because they will no longer be compensated for
the extra time they spend explaining risks and proper
usage of the pills (AP/San Diego Union-Tribune,
10/3).

The Kaiser Daily Reproductive Health Report is
published for www.kaisernetwork.org , a free service of
The Henry J. Kaiser Family Foundation, by National
Journal Group Inc. (c) 2001 by National Journal Group
Inc. and Kaiser Family Foundation. All rights reserved.
For more news on reproductive health issues, visit the
Kaiser Daily Reproductive Health Report.